Property Law

You are viewing an older version of this academic item. To access a different version, adjust the year in the field above. For handbooks published prior to 2023, click the "Previous Handbooks" button at the bottom of the page.

Abstract

This subject provides an overview of Australian property law, including the important features of the Australian common law and statutory provisions relating to real and personal property. Topics include what constitutes 'property' and the purposes and categories of property; real property (including the doctrine of tenure, estates and fixtures); possession, … For more content click the Read More button below.

This subject provides an overview of Australian property law, including the important features of the Australian common law and statutory provisions relating to real and personal property. Topics include what constitutes 'property' and the purposes and categories of property; real property (including the doctrine of tenure, estates and fixtures); possession, seisin, and title; torrens title, native title and the concept of indefeasibility; and mortgages.

Syllabus

Introduction to property law (purpose, categories, possession, seisin, and title)Personal propertyInterests in personal propertyBailmentReal property (tenures, estates and native title)Creation and enforceability of proprietary interestsLegal and equitable remediesThe old system of land ownership and prioritiesStatutory schemes of registration, including prioritiesPriorities between competing interests under Torrens titleAcquisition and disposal of proprietary … For more content click the Read More button below.

Introduction to property law (purpose, categories, possession, seisin, and title)
Personal property
Interests in personal property
Bailment
Real property (tenures, estates and native title)
Creation and enforceability of proprietary interests
Legal and equitable remedies
The old system of land ownership and priorities
Statutory schemes of registration, including priorities
Priorities between competing interests under Torrens title
Acquisition and disposal of proprietary interests
Co-ownership (joint tenancies and tenancies in common)
Proprietary interests in land owned by another
Mortgages
Strata and community titles
Leases, easements, licences and covenants in relation to real property

Learning outcomes

Upon successful completion of this subject, students should:

be able to articulate the nature of the interest being dealt, having regard to the applicable title system;

be able to navigate the interaction of common law, equity and statute when applying real property law to practical situations where interests are in dispute;

be able to present knowledge, ideas and opinions effectively and communicate within and across professional and cultural boundaries;

be able to evaluate and synthesise relevant factual, legal and policy issues, drawing on a range of relevant sources;

be able to recognise and reflect upon ethical issues likely to arise in matters involving property law;

be able to evaluate and advise upon relevant remedies in statute, common law and equity;

be able to identify and analyse critically the implications of property law principles in Australia;

be able to interpret complex statutory provisions in the Real Property Act 1900 (NSW) and other related legislation; and

be able to evaluate and synthesise the political and legal context of native title as a form of title.

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Pre-requisite

Learning activities

LAW216